41-2921. SUBSCRIBERS’ LIABILITY. (1) The liability of each subscriber, other than as to a nonassessable policy, for the obligations of the reciprocal insurer shall be an individual, several and proportionate liability, and not joint. When all participants in a reciprocal insurer are political subdivisions of the state of Idaho, no liability shall attach to individual subscribers which is not consistent with constitutional or statutory limitations thereon.
(2) Except as to a nonassessable policy, each subscriber shall have a contingent assessment liability, in the amount provided for in the power of attorney or in the subscribers’ agreement, for payment of actual losses and expenses incurred while his policy was in force. Such contingent liability may be at the rate of not less than one (1) nor more than ten (10) times the premium or premium deposit stated in the policy, and the maximum aggregate thereof shall be computed in the manner set forth in section 41-2925 of this chapter.
(3) Each assessable policy issued by the insurer shall contain a statement of the contingent liability, set in type of the same prominence as the insuring clause.
History:
[41-2921, added 1961, ch. 330, sec. 648, p. 645; am. 1996, ch. 245, sec. 8, p. 779.]
Structure Idaho Code
Chapter 29 - RECIPROCAL INSURERS
Section 41-2901 - “RECIPROCAL” INSURANCE DEFINED.
Section 41-2902 - “RECIPROCAL INSURER” DEFINED.
Section 41-2903 - SCOPE OF CHAPTER — EXISTING INSURERS.
Section 41-2904 - INSURING POWERS OF RECIPROCALS.
Section 41-2905 - NAME — SUITS.
Section 41-2906 - SURPLUS FUNDS REQUIRED.
Section 41-2908 - ORGANIZATION OF RECIPROCAL INSURER.
Section 41-2909 - CERTIFICATE OF AUTHORITY.
Section 41-2910 - POWER OF ATTORNEY OR JOINT POWERS ENTITY.
Section 41-2911 - MODIFICATIONS.
Section 41-2912 - ATTORNEY’S BOND.
Section 41-2913 - DEPOSIT IN LIEU OF BOND.
Section 41-2914 - ACTION ON BOND.
Section 41-2915 - SERVICE OF PROCESS — JUDGMENT.
Section 41-2916 - CONTRIBUTIONS TO INSURER.
Section 41-2917 - ANNUAL STATEMENT.
Section 41-2918 - FINANCIAL CONDITION — METHOD OF DETERMINING.
Section 41-2919 - WHO MAY BE SUBSCRIBERS.
Section 41-2920 - SUBSCRIBERS’ ADVISORY COMMITTEE.
Section 41-2921 - SUBSCRIBERS’ LIABILITY.
Section 41-2922 - SUBSCRIBERS’ LIABILITY ON JUDGMENT.
Section 41-2923 - ASSESSMENTS.
Section 41-2924 - TIME LIMIT FOR ASSESSMENT.
Section 41-2925 - AGGREGATE LIABILITY.
Section 41-2926 - NONASSESSABLE POLICIES.
Section 41-2927 - DISTRIBUTION OF SAVINGS.
Section 41-2928 - SUBSCRIBERS’ SHARE IN ASSETS.